Appeal No. 1996-2920
Application 08/238,214
resveratrol increases HDL-cholesterol, and we do not find such a disclosure in Seigneur. Our review
of Seigneur indicates that the reference teaches (pages 218 and 220) that consumption of red wine
increases HDL-cholesterol, and that the reference does not identify any constituent of red wine which
causes that increase.
The examiner argues that Arichi (page 1768, tables I-a and I-b) shows that resveratrol
increases HDL-cholesterol and lowers LDL-cholesterol (answer, pages 4-5). The tables of Arichi
relied upon by the examiner, however, show that the changes in HDL-cholesterol and LDL-cholesterol
produced by administering resveratrol were not significant. Thus, these tables do not appear to support
the examiner’s argument (answer, page 5) that Arichi would have motivated one of ordinary skill in the
art to use higher doses of resveratrol to produce a greater effect.
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